modify fees charged by the clerk of courts for certain copies of court records.

26.287.10 101st Legislative Session 1011

2026 South Dakota Legislature
House Bill 1011
ENROLLED

AN ACT

ENTITLED An Act to modify fees charged by the clerk of courts for certain copies of
court records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 16-2-29 be AMENDED:
16-2-29. The clerk of courts shall charge and collect the following fees:
(1) For the probate of an estate, seventy-five dollars;
(2) For all service connected with the preparation and transmission of a settled record
to the Supreme Court, including the remittitur from the Supreme Court, fifty
dollars;
(3) For any of the following, twenty-five dollars:
(a) Civil cases filed for jury or court trial;
(b) Guardianship or conservatorship actions, adoption cases, or terminations of
life estates;
(c) Cases to determine amount of inheritance tax in estates in which real and
personal property is transferred in contemplation of death;
(d) Default actions to quiet title to real property;
(e) Default cases involving garnishment proceedings;
(f) Dissolutions of corporations;
(g) Foreclosure actions;
(h) Special administration proceedings;
(i) Summary administration proceedings;
(j) Appeals to the circuit court from an action of a political subdivision of the
state or from an action of the state or its officers, boards, agencies, and
commissions; or
(k) All matters not otherwise provided for in this section;
(4) For any of the following, fifty dollars:
26.287.10 2 1011
HB1011 ENROLLED
(a) Petitions and motions to modify final child support orders, except if the
petitioner or moving party is a recipient of assistance benefits pursuant to
title 28;
(b) Petitions and motions to modify final child custody orders;
(c) Petitions and motions to modify final visitation orders; or
(d) Petitions and motions to modify final spousal support orders;
(5) For any of the following, five dollars:
(a) Issuing a transcript of a judgment;
(b) Filing and docketing a transcript of a judgment;
(c) Issuing and docketing an execution, commission, or writ;
(d) Filing a special execution; or
(e) Renewing a judgment according to § 15-16-33;
(6) For any of the following, two dollars:
(a) Issuing a subpoena in a civil case; or
(b) Safekeeping or filing of a will;
(7) For reproducing an authenticated, exemplified, or double certificate of a record on
file in the clerk's office, fifteen dollars; and
(8) All true and correct copies of any original record or paper furnished by the attorney
of record or the personal representative qualified to act in any of the following
cases, which are necessary for the completion of the case, must be certified at no
extra charge for the certification:
(a) Guardianship or conservatorship actions, adoption cases, termination of life
estates, trusts, probate actions;
(b) Cases to determine amount of inheritance tax in estates in which real and
personal property is transferred in contemplation of death; and
(c) Divorce actions.
No fee for filing, docketing, issuing, recording, certifying, or searching, or other fee
or commission, may be required of the state, any foreign state, or the federal government,
or its officers, boards, agencies, and commissions, or its political subdivi sions, in any
action or proceeding commenced by the state or a political subdivision. No fee for record
searches may be required of any agency of the federal government that is charged with
law enforcement or investigatory duties under federal law.
No filing fee may be required in any action under § 22-19A-8, 22-19A-12, 25-10-
3, or 25-10-6.
26.287.10 3 1011
HB1011 ENROLLED
An Act to modify fees charged by the clerk of courts for certain copies of court records.

I certify that the attached Act originated in
the:

House as Bill No. 1011

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1011
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State